Legal Question in Real Estate Law in Arizona

Right of Ownership

Recently my son and daughter-in-law got divorced and the court has ordered the house be sold. I am on the title and co-signer of the mortgage. My ex daughter in law wants me off the title and through her attorney sent me a copy of a quit claim deed to be turned over to her only.

What are my rights and is there any way a judge could take me off the title? We hold it in joint tenants with the right of surviorship. Since she did not put the house on the market as ordered by December 10, 2004 another hearing is March 14 in Family Court with the same judge that heard the divorce. Can that judge take me off the deed???

I would appreciate any help you can give.


Asked on 1/05/05, 6:54 pm

2 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Right of Ownership

Your question needs be answered by an Arizona attorney.

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Answered on 1/05/05, 7:58 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Right of Ownership

I would not sign anything provided to you by your former daughter-in-law's attorney for obvious reasons --- it is probably not favorable to you or your son's interests. You may want to consult with your son's divorce attorney or another attorney with experience in family law and real estate matters to make sure you protect your interests and assist your son in his dipsute, if any, with his former spouse, assuming such assistance is worthwhile to you and warranted. If you are on the title, and you put money into the property, you have an interest that should not be wiped out simply because the ex-wife wants you off the title, unless of course the ex-wife is willing to agree to give you a piece of the pie (percentage of the sales proceeds) upon the sale of the property within a definitive period of time. The foregoing is merely general information to give you ideas to discuss with your attorney. Unless I am formally retained and a written representation agreement is signed and initial retainer paid to my firm, I cannot provide you with any specific legal advice or recommend any specific course of action. Moreover, I do not know all of the facts necessary to give you any information that you could rely on. Good luck.

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Answered on 1/05/05, 10:29 pm


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